EDD overpayment for 13 weeks - hardship options to avoid full repayment?

ya I had similar thing happen to me last year. they said i owed like 8 weeks. the thing about hardship is u need to prove u cant pay it back. like if u make under a certain amount or have lots of bills. u gotta fill out the DE 1446HW form to apply 4 the hardship waiver. its on the edd website. they might reduce what u owe if u qualify

You have a few options with EDD overpayments. First, you should determine if they classified this as a "non-fraud" or "fraud" overpayment. This makes a huge difference in both penalties and repayment options. For hardship waivers (DE 1446HW): 1. You need to prove financial hardship - income statements, expenses, assets, etc. 2. Only non-fraud overpayments qualify for waivers 3. You must prove repayment would cause extraordinary hardship Alternatively, you can request a payment plan that fits your budget. Or you can appeal the overpayment determination within 30 days if you believe it's incorrect. Based on your situation where it wasn't intentional, definitely emphasize that in any communication with EDD - accidental overpayments are treated much more leniently.

@profile8 Yes, the notice should specify whether it's considered fraud or non-fraud. Look for wording like "willful misrepresentation" or "false statement" (fraud) versus "inadvertent error" or simply "overpayment" (non-fraud). The consequences are dramatically different - fraud overpayments can include a 30% penalty plus disqualification from future benefits for weeks of penalty.

I work with EDD cases regularly, and here's what you need to know about hardship waivers: 1. The DE 1446HW form requires detailed financial information - all income sources, expenses, assets, etc. 2. EDD looks at your entire financial picture, not just your income 3. You'll need documentation to support your claims (bank statements, bills, etc.) 4. The standard is that repayment would cause "extraordinary hardship" - meaning basic living expenses couldn't be met 5. Processing can take 4-8 weeks, but you can request that collections be paused while they review Importantly, if you're currently receiving benefits, call EDD immediately to request they not offset your current benefits until they've made a decision on your hardship application. Without this request, they may automatically start reducing your current benefits by 25-100%.

@profile7 Unfortunately that happens frequently. That's why it's crucial to call and specifically request that they flag your account to prevent automatic recoupment while your hardship application is pending. Just submitting the form doesn't automatically stop collection activities - you need to explicitly request this.

I had an overpayment situation last year (different reason - they said I didn't report some self-employment income correctly). I applied for hardship AND appealed at the same time. The appeal process actually paused any collections until the hearing. I ended up winning my appeal because I could prove I actually did report everything correctly - they had made the error. So definitely consider if there's any grounds to appeal the overpayment determination itself!

Anyone else think its INSANE that EDD comes after people YEARS LATER for mistakes THEY probably caused?? I bet half the time its their system glitching out! Then they expect you to remember exactly what happened 2+ years ago?? The whole system is designed to screw over regular people just trying to get by. And good luck getting anyone on the phone to explain anything clearly!

Just to clarify a few things based on the discussion: 1. Appeals will indeed pause collections, but only if your appeal has merit. Filing an appeal just to delay repayment can backfire. 2. EDD has up to 3 years to assess overpayments (longer for fraud), so receiving notices about claims from 2023 is unfortunately normal. 3. For the original poster: If your notice only mentions "overpayment" without fraud language, that's good news. Non-fraud overpayments have more flexible repayment options. 4. The hardship waiver success rate has improved recently, but still requires thorough documentation of financial hardship. 5. Payment plans are always an option if a full waiver isn't granted - you can propose a monthly amount that works for your budget. Based on your situation, I'd suggest: 1) Request a payment plan immediately, 2) Apply for hardship waiver with detailed documentation, and 3) Call to request they don't offset current benefits while reviewing your case.

I went through something similar about 6 months ago - got hit with an overpayment notice for 11 weeks from 2022. The stress was unreal! I ended up getting approved for a partial hardship waiver that reduced what I owed by about 60%. A few tips from my experience: - Be SUPER detailed on the DE 1446HW form. Don't just list your rent - break down utilities, groceries, medical expenses, everything - Include bank statements showing your actual spending patterns, not just estimates - If you have any medical expenses or dependents, emphasize those heavily - Write a personal statement explaining your situation - they do read these The whole process took about 6 weeks for me, but it was worth it. Even if you don't get a full waiver, they might reduce the amount significantly. And like others said, definitely push for them to pause any collections until they decide. Good luck - you've got this!

I'm going through the exact same thing right now! Got my overpayment notice about 3 weeks ago for 9 weeks from 2023. Like you, it was completely unintentional - I think there was confusion about when my part-time job ended versus when I was still certifying. The panic is SO real when you see that big number they want back! I just submitted my DE 1446HW hardship form last week after reading through all the advice here. A few things I learned that might help: 1. Call EDD ASAP to request they pause collections - I used that Claimyr service someone mentioned and it actually worked to get through quickly 2. The hardship form is intimidating but just be thorough and honest about your finances 3. Keep copies of EVERYTHING you submit 4. Don't be afraid to call back if you don't hear anything after a few weeks The waiting is nerve-wracking but from what I'm seeing here, there's definitely hope for getting at least a partial waiver. Hang in there - you're not alone in this mess! EDD's system is confusing and it's not your fault you got caught up in it.

I've been through this exact situation twice unfortunately - once in 2021 and again in 2023. The good news is that based on your description (no fraud language, unintentional overlap), you have a really good chance of getting some relief through the hardship process. A few things that helped me: - Document EVERYTHING about your current financial situation - income, all expenses, debts, medical costs, etc. - When filling out the DE 1446HW, err on the side of providing too much information rather than too little - If you have any documentation from that time period (pay stubs, work schedules, emails), include copies to show the confusion wasn't intentional - Request a payment plan as backup even while pursuing the hardship waiver The first time I got a full waiver, the second time I got approved for a payment plan of $50/month which was manageable. Don't lose hope - EDD knows their system is confusing and they do work with people who made honest mistakes. The key is being proactive and thorough with your application. You've got this!